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WILLIAMS-IGWONOBE v. GONZALES

No. 03-61015.

437 F.3d 453 (2006)

John O. WILLIAMS-IGWONOBE, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

January 20, 2006.

Attorney(s) appearing for the Case

Brian K. Bates (argued), Quan, Burdette & Perez, Houston, TX, for Petitioner.

Paul Fiorino (argued), Carl Henry McIntyre, Civ. Div., Alberto R. Gonzales, Thomas Ward Hussey, Dir., U.S. Dept. of Justice, OIL, Washington, DC, Caryl G. Thompson, U.S. INS, Dist. Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, Sharon A. Hudson, U.S. Citizenship & Imm. Services, Houston, TX, for Respondent.

Before REAVLEY, GARZA and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

John Williams-Igwonobe ("Petitioner") petitions for review from the Board of Immigration Appeals ("BIA"), which affirmed the denial of his motion to reopen. The Immigration Judge ("IJ") applied the rules governing motions that seek to reopen orders entered in absentia. This case is controlled by our decision in Wellington v. INS, 108 F.3d 631 (5th Cir.1997). Because there was no valid in...

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